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2022 Supreme(Online)(MAD) 12794

HIGH COURT OF MADRAS
Hon`ble Mr Justice P.D.AUDIKESAVALU
Tmt. Sarasal – Appellant
Versus
State of Tamil Nadu – Respondent


O R D E R

Heard Mr. A.R.Nixon, Learned Counsel for the Petitioner and Mr. M.R.Gokula Krishnan, Learned Additional Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2. The husband of the Petitioner, viz., K.Chinnasamy, had been engaged as Sanitary Worker initially on daily wages from 07.10.1999 by the Fourth Respondent and his services were regularized with effect from 23.02.2006 as per G.O. Ms. No. 21, Municipal Administration and Water Supply Department dated 23.02.2006. After he died on 02.09.2014 while in service, the Petitioner had sought for payment of family pension, but it was rejected by Order in Moo. Mu. No. 474/NaOSa(1)/2015 dated 13.01.2015 passed by the Third Respondent stating that as the appointment of the said K.Chinnasamy in regular service was after 01.04.2003, the Petitioner was not eligible for family pension as per Rule 11(4) of the Tamil Nadu Pension Rules, 1978 (hereinafter referred to as 'the Pension Rules' for short). The Petitioner has filed this Writ Petition challenging the said order with consequential direction to the Respondents to pay family pension along with death cum

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